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Name Category Published
Ann S., a Minor
Probate Code Section 1516.5 sets forth valid constitutional scheme for protecting child's need for stability at expense of parental rights.
Family Law Sep. 27, 2006
Marriage of Walker
Amended Family Code Section 721 should not be applied retroactively to penalize wife.
Family Law Sep. 26, 2006
Marriage of Nelson
Trial court erred when it factored rental value of marital home into 'Moore/Marsden' calculation of community's interest in home.
Family Law Sep. 12, 2006
Marriage of Shaughnessy
Ex-husband was not obligated to provide further support to former wife who failed to take steps to become self-supporting.
Family Law Sep. 8, 2006
Summer H., a Minor
Juvenile court's denial of mother's motion to appoint legal guardian was not proper where court, not department, decides best interests of child.
Family Law Sep. 8, 2006
Marriage of Burkle
Court's order finding post-marital agreement valid was proper where there was no presumption of undue influence from execution of agreement.
Family Law Sep. 7, 2006
Francisco W., a Minor
Appellate court upholds practice of limited remands in Indian Child Welfare Act cases to instruct juvenile court to correct notice defect.
Family Law Sep. 7, 2006
Ross v. Figueroa
In domestic violence case, court improperly denied party automatic continuance under Family Code when proper notice had not been provided.
Family Law Sep. 7, 2006
Amber R. v. Superior Court (Orange County Social Services Agency)
Biological mother whose parental rights were terminated did not have standing to seek order providing for continued contact with child.
Family Law Sep. 7, 2006
Marriage of Seagondollar
Before making custody decision allowing parent to move children out of state, court must allow both parents opportunity to be meaningfully heard.
Family Law Sep. 7, 2006
In re Marcus
Because visitation order that mother allegedly disobeyed was not written order, there is no basis for contempt.
Family Law Aug. 30, 2006
J.N., a Minor
In visitation case, although juvenile court must inquire whether child is Indian, mother failed to show court erred in denying her visitation.
Family Law Aug. 28, 2006
Marriage of Pearlstein
Market value of unsold shares of stock received by business owner from sale of business generally is not income for child support purposes.
Family Law Aug. 23, 2006
Marriage of Kieturakis
Marital settlement agreement between couple strongly supported finding against presumption of undue influence.
Family Law Aug. 23, 2006
Michael R., a Minor
Prospective adoptive parent's petition was properly dismissed for failure to meet Family Code Section 8802's standing requirements.
Family Law Aug. 22, 2006
Marriage of Fellows
Law that limits ability to assert defenses to support obligations applies retroactively.
Family Law Aug. 16, 2006
San Diego County Health and Human Services Agency v. Maria S. (In re Javier G.)
Removal of children from parental custody pursuant to Welfare and Institutions Code Section 387 was justified for rehabilitation purposes.
Family Law Aug. 7, 2006
Adoption of Charlotte D.
Unwed father has constitutionally protected parental rights not subject to termination absent finding of unfitness if he demonstrates full commitment to parental responsibilities.
Family Law Aug. 7, 2006
Blumenthal v. Superior Court (Blumenthal)
Judge abused her discretion in granting mistrial in dissolution case considered 'long cause' matter.
Family Law Aug. 7, 2006
Marriage of Heiner
Entirety of unallocated lump sum personal injury settlement is not income for purposes of calculating child support.
Family Law Jul. 10, 2006
Michael R., a Minor
Prospective adoptive parent's petition was properly dismissed for failure to meet Family Code Section 8802's standing requirements.
Family Law Jul. 10, 2006
Eric E., a Minor
Biological father's failure to establish presumed father status until after termination of reunification hearing rendered him without standing to challenge custody order.
Family Law Jul. 10, 2006
Charisma R. v. Kristina S.
Lesbian's petition to establish parental relationship with child born to former partner shall be reconsidered under 'Elisa B. v. Superior Court.'
Family Law Jun. 22, 2006
Marriage of Fellows
Law that limits ability to assert defenses to support obligations applies retroactively.
Family Law Jun. 20, 2006
Marriage of David and Martha M.
Family court made clear legal error when it applied 'best interest of child' rule in ordering modification of juvenile court's exit order.
Family Law Jun. 19, 2006
Charlotte D., a Minor
Unwed father has constitutionally protected parental rights not subject to termination absent finding of unfitness if he demonstrates full commitment to parental responsibilities.
Family Law Jun. 15, 2006
Marriage of Jackson
Evidence other than Michael Jackson's stipulation with ex-wife should have been considered before termination of her parental rights.
Family Law Jun. 15, 2006
Ross v. Figueroa
In domestic violence case, court improperly denied party automatic continuance under Family Code when proper notice had not been provided.
Family Law Jun. 13, 2006
Aaliyah R., a Minor
Termination of parental rights was proper upon finding child was adoptable by clear and convincing evidence.
Family Law May 29, 2006
Marriage of Campbell
Spouse's attempt to remarry prior to judgment dissolving existing marriage did not terminate other spouse's obligation to pay support.
Family Law May 29, 2006